Annual Report 2004 â 2005 - pilch

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Rayner Thwaites – PILCH Secondee Solicitor, sponsored by the Transport Accident Commission Sam Ure – PILCH Secondee Solicitor, Allens Arthur Robinson 7 • Melbourne Cares Business & Community Partnership Broker Services • National Pro Bono Resource Centre, Board • Pro Bono Australia Think Tank • Victorian Bar Asylum Seekers Sub-Committee • Victorian Bar Legal Assistance Committee • Victorian Law Foundation Pro Bono Co-ordinators Group In 2004-2005, the Co-Executive Directors and the PILCH Manager had many private meetings with PILCH members, prospective members, courts, government departments and community organisations. NOMINATIONS/AWARDS During 2004-2005, PILCH was nominated for or received the following awards: • Celebrating Melbourne Award (July 2004) • Distinguished Pro Bono Service Award to Conrad Smith of PILCH (February 2005) • Prime Minister’s Community Business Partnerships Award (May 2005) • National Australia Bank Volunteer Award (June 2005) ACKNOWLEDGMENTS PILCH expresses its appreciation to all of its members, its Board Members, and, in particular, the members of the Staffing Sub-Committee and Funding and Membership Sub-Committee. Special thanks are also extended to the PILCH members who have provided it with in-kind assistance, particularly: • Freehills for its design and layout assistance for PILCH publications • Transport Accident Commission for archiving support • Mallesons Stephen Jaques, Maddocks, Arnold Bloch Leibler, Deacons and Allens Arthur Robinson for legal advice. PILCH would also like to convey its thanks to John Cain, Chief Executive Officer of the Law Institute of Victoria, Christine Harvey, Executive Director of the Victorian Bar, Tony Howard and Ross Macaw QC, respective past and present Chairs of the Victorian Bar Legal Assistance Committee, and Mark Woods, Chair of the Law Institute of Victoria Access to Justice Committee, for their encouragement and support of the work of PILCH in administering their schemes and PILCH’s broader role as a pro bono service provider. PILCH also expresses its appreciation to the Legal Practice Board for its financial support of the Victorian Bar and Law Institute of Victoria Legal Assistance Schemes. PILCH Scheme Areas of Law - Referrals Other 1.4% Consumer Credit 1.4% Freedom of Information 1.8% Family/De Facto 1.8% Equity and Trusts 1.8% Criminal (including inquests) 2.3% Migration 2.3% Bankruptcy, Debt Recovery and PERIN Fines 2.8% Civil Liberties and Human Rights 3.7% Trade practices 3.7% Property, Building and Tenancies 4.1% Taxation 4.6% Defamation, Media and Entertainment 6.0% Administrative and Constitutional 6.4% Employment and Industrial Relations 6.9% Environment, Native Title, Planning and Local Government 8.3% Incorporations 8.7% Discrimination and Equal Opportunity 9.6% Insurance, Personal Injuries and Torts 10.1% Commercial, Intellectual Property and Information Technology 12.4% PILCH Types of Clients Not-for-Profit Organisations 52% Inidividuals 35% Groups (not incorporated) 13%
CASE SUMMARIES Trade Practices Herbert Geer & Rundle together with Jim Delany SC and Matthew Barrett of counsel accepted a referral to represent an animal liberation group in relation to Federal Court proceedings brought against it alleging that it engaged in conduct contrary to section 45DB of the Trade Practices Act 1974 (Cth) (‘TPA’). The matter was referred to PILCH by Justice Gray of the Federal Court who considered that the group required expert legal representation, as the proceedings represent a test case regarding the application of section 45DB of the TPA (the ‘boycott’ provisions) to environmental protests. The same proceedings have been issued against an individual who requires separate representation. Maddocks, together with Charles Scerri QC and Matt Connock of counsel, accepted a referral to act for the individual on a pro bono basis. Taxation Law Arnold Bloch Leibler accepted a referral to assist a peak legal not-for-profit organisation, to prepare submissions for the Australian Taxation Office in relation to a recent draft ruling which deals with the definition of charitable status. The organisation is concerned that the proposed draft would severely restrict its constituents’ ability to engage in law reform and advocacy and to lobby for changes in government policy. Superannuation Law Sparke Helmore accepted a referral, and gave prompt advice, to a not-for-profit organisation regarding the operation of superannuation contributions to disabled and supported employees who receive less than 80% of full award wages. The organisation, a peak body concerned about the rights and needs of people with intellectual disabilities, had previously received conflicting advice about the requirements for the payment of super annuation contributions to supported employees under the Australian Liquor, Hospitality and Miscellaneous Workers Union Supported Employment (Business Enterprises ) Award 2001 and the Superannuation Guarantee (Administration) Act 1992 (Cth). Defamation, Privacy and Duty of Care Ebsworth & Ebsworth accepted a referral to assist a not-for-profit organisation whose primary function is to provide training throughout Australia on issues arising out of child abuse and building child safe organisations. Specifically, the organisation sought advice as to the relevant laws regarding the duty of care owed by organisations with respect to child abuse and defamation and privacy issues regarding reference checks and screening of employees and volunteers. The organisation wanted expert advice so they could provide accurate information to participants at training sessions. Ebsworth & Ebsworth gave timely and thorough advice in the form of a short presentation to staff members regarding the current state of the law in the areas of privacy, defamation and negligence. The presentation and advice was well-received by staff members. We were so lucky to find PILCH. Their support and assistance provided us with an outstanding Tenancy Law legal team for our case. Not-for-profit organisation assisted by PILCH in 2004-2005 In January 2005, Alexandra Richards QC together with Samuel Hopper as junior counsel, were successful in the Supreme Court of Victoria in challenging the decision of the Victorian Civil and Administrative Tribunal (‘VCAT’), to evict an 80 year old war widow and public housing tenant. Counsel and the Tenants Union of Victoria, who acted on her behalf as instructing solicitors, argued that VCAT had erred in law. The client has lived in her Lakes Entrance public housing unit for almost ten years and was a good tenant. However, in October 2004, while she was unwell and receiving medical treatment, her grandson, who was visiting but had never lived at the property, engaged in conversation with two housing support workers from the Office of Public Housing who were visiting the property. During that exchange, her grandson physically threatened the workers and told them to leave the premises. Following this event, the Director of Housing sought to evict her under section 244 of the Residential Tenancies Act 1997 (Vic) on the grounds of danger to occupiers of neighbouring premises. The Director sought an order from VCAT to enforce the notice to vacate. The Supreme Court found in the tenant’s favour, ruling that the order by VCAT to enforce the notice to vacate was unlawful. The case turned on the lack of jurisdiction that VCAT had to hear the matter given that the notice was defective, as it lacked particulars. This decision has become an important precedent and has been used successfully to the benefit of tenants in at least 10 cases, including for notices other than danger, by the Tenants Union of Victoria. The case also raised PILCH’s awareness of the need to increase the list of barristers able to respond to such matters at short notice, and as a result, PILCH, VB LAS and the Tenants Union of Victoria co-hosted a training seminar on this case and the applicable law. 8
Page 1 and 2: Annual Report 2004 - 2005
Page 3 and 4: CONTENTS Executive Directors’ Rep
Page 5 and 6: The other significant feature of PI
Page 7: • Visit by a delegation of human
Page 11 and 12: VICTORIAN BAR LEGAL ASSISTANCE SCHE
Page 13 and 14: Victorian Bar Legal Assistance Sche
Page 15 and 16: ADVOCACY In 2004-2005, LIV LAS made
Page 17 and 18: PILCH HOMELESS PERSONS’ LEGAL CLI
Page 19 and 20: In conjunction with the Council to
Page 21 and 22: FELLOW PROFILE: ZOE BATEMAN My firs
Page 23 and 24: Statement of financial position as

Annual Report 2004 â 2005 - pilch

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Annual Report 2004 â 2005 - pilch